HomeMy WebLinkAbout20011097.tiff RESOLUTION
RE: TRANSFER AND EXCHANGE OF CABLE TV FRANCHISE FROM TCI CABLEVISION
OF COLORADO, INC., TO AT&T BROADBAND OF COLORADO, LLC
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado; and
WHEREAS, TCI Cablevision of Colorado, Inc. ("TCI") is duly authorized to operate and
maintain a cable communications system in Weld County pursuant to the terms and conditions
of a Franchise originally granted by Resolution of the Board of County Commissioners on
October 16, 1995, and by confirmation of the franchise by Resolution dated October 26, 1998,
after TCI merged with AT&T Corp.("the Franchise"); and
WHEREAS, AT&T Corp., the ultimate parent of TCI, and TCI have proposed an internal
corporate restructuring pursuant to which the cable television system and the Franchise will be
transferred to AT&T Broadband of Colorado, LLC, which will be a wholly-owned subsidiary of
AT&T Broadband, LLC, following such restructuring (collectively, the "Transfer"); and
WHEREAS, TCI and AT&T Broadband of Colorado, LLC, have requested consent by
the Board of County Commissioners, as Franchise Authority (hereinafter sometimes referred to
as "County"), to the Transfer in accordance with the requirements of the Franchise and have
filed an FCC Form 394 with the Board of County Commissioners.
NOW THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado:
SECTION 1
County hereby consents to the assumption by AT&T Broadband of Colorado, LLC, a
subsidiary of AT&T Broadband, LLC, of all of the duties and obligations under the Franchise.
SECTION 2
County acknowledges that as of the date hereof, the Franchise is in full force and effect,
the same as is held by, and the rights and privileges granted thereunder, inuring to the benefit
of TCI. County knows of no fact or circumstance at this time which constitutes or which, with
the passage of time or the giving of notice or both, would constitutes a material default or
breach under the Franchise or would allow County to cancel or terminate the rights thereunder,
except upon the expiration of the term of the Franchise.
SECTION 3
The approval hereby granted is given pursuant to the terms and provisions of the
franchise, but does not, however, constitute and shall not be construed to constitute a
disclaimer or waiver of any rights granted or any duties or obligations imposed by the franchise,
except as provided herein.
2001-1097
pc ORD94
TRANSFER AND EXCHANGE OF CABLE TV FRANCHISE FROM TCI CABLEVISION OF
COLORADO, INC., TO AT&T BROADBAND OF COLORADO, LLC
PAGE 2
SECTION 4
The Franchise currently held by TCI was duly and legally adopted and approved by the
County, and said Franchise is hereby validated, ratified, and confirmed.
SECTION 5
That AT&T Broadband of Colorado, LLC, shall be controlled at all times during its
operation, installation, and maintenance of the system pursuant to the Franchise, by all
provisions of Weld County Code, ("the Code"), Chapter 11, formerly Weld County Ordinance
No. 94, 94-A, and 94-B, as amended, and that any such terms of said chapter of the Code are
incorporated herein as if fully restated.
SECTION 6
That AT&T Broadband of Colorado, LLC, shall not assign the Franchise granted herein,
or any right or interest contained therein, without the written consent of County; provided,
however, that AT&T Broadband of Colorado, LLC, has the right to assign, mortgage, or pledge
the Franchise as collateral security for any loan to purchase and/or operate the cable television
system.
SECTION 7
That the sections of this Resolution are hereby declared to be severable, and if any
section, provision, or any part hereof shall be held to be unconstitutional or invalid or
unenforceable, such section, provision, or part shall be fully severable and this Resolution shall
be construed and enforced as if such section, provision, or part never comprised a part hereof
and the remaining sections, provisions, and parts hereof shall remain in full force and effect and
shall not be affected by any unconstitutional or invalid or unenforceable section, provision, or
part, or by its severance here from.
SECTION 8
The transfer of the Franchise shall become effective upon the closing of the transactions
completing the Transfer, and upon AT&T Broadband of Colorado, LLC, giving written notice to
the County within 30 days of the completion of the Transfer.
2001-1097
ORD94
TRANSFER AND EXCHANGE OF CABLE TV FRANCHISE FROM TCI CABLEVISION OF
COLORADO, INC., TO AT&T BROADBAND OF COLORADO, LLC
PAGE 3
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 23rd day of April, 2001.
BOARD OF COUNTY COMMISSIONERS
/� WELD C TY, COLORADO
II1 ATTEST: / / /,' E f/ de.6;
AE J. Geile, Chair
Weld County Clerk to th_'�g. . "P.
' ( .O''• _.' XCUSED
�ai �� Glenn Vaad, Pro-Tem
BY:
Deputy Clerk to the Bo' '? •
W' Jerke
zAPPE—O DASTOF� . 4 (. ,41
D vi E. Long
ty Attorney .1 10_
Robert D. Masden
2001-1097
ORD94
MEMORANDUM
rr \ illin December 2, 2001
W IlD TO: Board of County Commissioners
FROM: Cyndy Giauque, Assistant Weld County Attorney
COLORADO RE: Application by AT&T Broadband of Colorado, LLC for transfer of
Franchise
TCI Cablevision of Colorado, Inc. ("TCI") was granted a cable television franchise by Resolution
dated October 16, 1995. Three years later, TCI merged with AT&T Corp., but maintained the
Franchise in TCI's name, an action which was approved by Resolution on October 26, 1998.
AT&T recently submitted a request to transfer the Franchise to AT&T Broadband of Colorado,
LLC. AT&T's letter, dated January 9, 2001, states that
We want to emphasize that although the name of the legal entity that holds your cable
franchise will change as a result, the cable system and the franchise will continue to be
operated as part of the AT&T family and there will be no impact on the local
management and day-to-day operation of the system. Cable service installation,
maintenance and repair, marketing, programming, and franchise compliance efforts will
continue to be conducted by the same system personnel as before. The change will be
completely transparent to subscribers.
The request for approval was submitted, pursuant to the requirements of the Franchise
Agreement, which provides in part:
Upon receipt of all requested information, the County shall render a final written decision
on the request within 120 days of the request. If the County fails to render a final
decision on the request within 120 days, such request shall be deemed granted unless
the requesting party and the County agree to an extension of time.
We recommend approval of the request, since it involves only a reorganization within the same
large company.
If you have any questions, I am available.
2001-1097
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